Robert Carmelo Torre - Page 5




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          The definition of gross income in the income tax law is inclusive           
          on its face, and the concept of inclusiveness is long                       
          established. See Commissioner v. Glenshaw Glass Co., 348 U.S.               
          426, 429-430 (1955).  As to distributions of capital gain                   
          dividends (defined in section 852(b)(3)(C)), by regulated                   
          investment companies or mutual funds, section 852(b)(3)(B)                  
          states:  “A capital gain dividend shall be treated by the                   
          shareholders as a gain from the sale or exchange of a capital               
          asset held for more than 1 year.”  Section 1222(3) states that              
          the term “long-term capital gain” means “gain from the sale or              
          exchange of a capital asset held for more than 1 year”.  Net                
          long-term capital gains are subject to tax at the preferential              
          rates set forth in section 1(h).                                            
               Consistent with this statutory mandate, Form 1040 (1997)               
          U.S. Individual Income Tax Return, Schedule B, Interest and                 
          Dividend Income, and Schedule D, Capital Gains and Losses,                  
          together ensure that capital gain distributions are taxed.  In              
          addition to instructing the taxpayer to “Include gross dividends            
          and/or other distributions on stock here”, line 5 of Schedule B             
          also states:  “Any capital gain distributions and nontaxable                
          distributions will be deducted on lines 7 and 8”.  The tax form             
          clearly provides that all capital gain distributions (as well as            
          nontaxable distributions) must be listed on line 5, and there is            
          no reasonable argument that distributions on shares of mutual               






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Last modified: May 25, 2011